Why "Durable" Matters
A standard power of attorney can lose its force the moment the principal becomes incapacitated. A durable power of attorney is different. It is designed to survive exactly that scenario. This statute confirms that an agent acting under a durable power of attorney retains full authority even after the principal loses capacity.
All acts done by an agent pursuant to a durable power of attorney during any period of disability or incapacity of the principal have the same effect and inure to the benefit of and bind the principal and the principal's successors in interest as if the principal were not incapacitated or a person with a disability.
A.R.S. § 14-5502That single sentence carries significant weight. It means your agent can continue paying bills, managing investments, handling real estate transactions, and making financial decisions on your behalf without interruption. Banks, title companies, and other institutions are expected to honor the agent's authority.
Practical Protection for Families
Without a durable power of attorney, a family facing a loved one's sudden incapacity may need to petition the court for a conservatorship. That process takes time, costs money, and becomes part of the public record. This statute removes that burden by ensuring the agent's authority continues seamlessly.
The protection also extends to the principal's successors in interest. If the agent enters into a contract, pays a debt, or manages property during the principal's incapacity, those actions are legally binding on whoever eventually inherits the principal's estate. That continuity is exactly what makes durable powers of attorney a cornerstone of incapacity planning.
